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Civil Litigation

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Friday, November 09, 2018 @ 8:26 AM

PROCEEDINGS - Settlements

Appeal by the plaintiff from the apportionment of negligence between the parties and from the trial judge’s determination of interest and the impact of the Pierringer agreements. ... [read more]

Friday, November 09, 2018 @ 8:22 AM

Cyberbullying, Norwich orders and the NHL star’s wife smartphone_info_sm

In Caryk v. Karlsson 2018 ONSC 5739, the Ontario Superior Court of Justice refused to compel Erik Karlsson’s wife to turn over evidence relating to allegations that she was cyberbullied by the partner of one of her husband’s former teammates. In doing so, Justice Anne Mullins provided an overview of the Norwich order remedy and determined that the interests of justice would not be well served by granting this type of relief. The decision confirms that Norwich orders are extraordinary remedies that may even be refused in cases involving allegations of cyberbullying. ... [read more]

Thursday, November 08, 2018 @ 8:30 AM

CIVIL PROCEDURE - Judgments and orders - Stay of

Application by the Attorney General for a stay pending appeal of an order by an application judge finding that the relevant provisions of Bill 5, the Better Local Government Act, 2018, infringed s. 2(b) of the Charter. ... [read more]

Wednesday, November 07, 2018 @ 3:12 PM

‘Massive’ budget implementation bill replete with legal measures of note to bar and clients Jan Borowy

The Trudeau government’s latest jam-packed budget implementation bill (Bill C-86), which is under scrutiny this week at the Commons Finance Committee, includes scores of proposed regulatory measures — many of them unheralded and deserving of lawyers’ attention. ... [read more]

Wednesday, November 07, 2018 @ 11:31 AM

Aggressive pharma litigants sanctioned by massive costs award two men and pigbank

On Oct. 23, 2018, Justice Michael Phelan issued a brief nine-page decision on a motion for costs in Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2018 FC 259, that would hardly be worthy of mention if it had not awarded a whopping $3.48 million in costs to the defendants, who had successfully defended against a patent impeachment action and won their counterclaim for infringement against Hospira Healthcare Corporation and additional parties to the counterclaim (Hospira Parties). ... [read more]

Wednesday, November 07, 2018 @ 9:01 AM

Alberta decision: Re-serve formal offer or no double cost award formal_offer_sm

It is trite to state that parties who beat their formal offers in Alberta’s courts are entitled to double costs for every step taken after service of the formal offer. However, when a party has served a formal offer and is successful in its summary dismissal application before a master, recent comments from the Alberta Court of Queen’s Bench indicate it is incumbent upon that party to re-serve its formal offer in the face of an appeal to secure an entitlement to double costs after the appeal is dismissed. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Tuesday, November 06, 2018 @ 1:49 PM

Take off blinkers and ban exploitive horse drawn carriages | Victoria Shroff

Riding in horse drawn carriages used to be common 100-plus years ago in Canada. Times change. Knowledge grows. Using horses to pull carriages is seriously antiquated and should be relegated to the past. ... [read more]

Tuesday, November 06, 2018 @ 8:50 AM

BARRISTERS AND SOLICITORS - Court appearances - Liability for costs

Appeal by Krekovic, counsel for the plaintiff in the underlying action, from an order for special costs made against him personally. ... [read more]

Monday, November 05, 2018 @ 10:51 AM

Access to Justice: Highs and lows of Pro Bono Week | Thomas Cromwell

The last week of October is Pro Bono Week, a global celebration of the pro bono ethic in our profession. Across Canada and around the world, thousands of legal professionals provide their services without cost for the public good. In Canada, where there is a wide and growing gap between the need for legal services and people’s ability to gain access to them, pro bono is a part of the effort necessary to fill that gap. ... [read more]